STATE v. SIMS

No. 536-1.

4 Wn. App. 188 (1971)

480 P.2d 228

THE STATE OF WASHINGTON, Respondent, v. DONALD ELMO SIMS, Appellant.

The Court of Appeals of Washington, Division One — Panel 1.

February 1, 1971.


Attorney(s) appearing for the Case

Robert S. Egger, for appellant (appointed counsel for appeal).

Christopher T. Bayley, Prosecuting Attorney, and Terrence A. Carroll, Deputy, for respondent.


UTTER, J.

Appellant, Donald Elmo Sims, was convicted of taking indecent liberties with a 7-year-old girl in the presence of her 5-year-old companion. His appeal presents two issues: (1) whether the two children were competent to testify; and (2) whether testimony concerning collateral acts occurring 11 days after the incident were admissible.

Sims urges the children should not have been allowed to testify because, during the preliminary examination to determine...

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